The System of Government

In the manner stated in the Constitution, the House of Representatives is entrusted with the authority to enact legislations and approve the general policy of the State, the general plan of economic and social development and the State budget. It exercises oversight over the actions of the executive power.

The House of Representatives shall be constituted out of four hundred and fifty members at least, elected directly via secret public ballot; provided that women are allocated at least one-fourth of the total number of seats.

A candidate for the membership of the House must be an Egyptian citizen, enjoying civil and political rights, a holder of at least the certificate of basic education, and should not be below twenty-five Gregorian years of age on the day of opening candidacy registration.

The Law shall establish other conditions of candidacy, the voting system, and the division of electoral constituencies; heeding equitable representation of the population and governorates. It is permissible to use the individual or proportional representation or to combine both systems in any percentage.

The President of the Republic may appoint no greater than 5% of the members, the method of nomination thereof shall be stipulated by Law.

A member of the House of Representatives shall devote him/herself on a full time basis for the tasks of membership and his/her post shall be reserved for him/her in accordance with the Law.

As a condition for undertaking his/her duties, a House of Representatives member shall take the following oath: “I swear by The Almighty God to loyally uphold the republican system, respect the Constitution and the Law, fully uphold the interests of the People, and to safeguard the independence of the nation and the integrity and safety of .”

A House of Representatives member shall receive a remuneration determined by Law. In case the remuneration is changed, such change will only come into force at the commencement of the legislative term following the one during which the change was adopted.

The term of membership in the House of Representatives is five Gregorian years, commencing from the date of its first session.

Elections for a new House of Representatives shall be held during the sixty days preceding the end of the term of previous House.

The Court of Cassation shall have jurisdiction over the validity of membership in the House of Representatives. Appeals shall be submitted to the Court of Cassation within a period not exceeding thirty days from date on which the final election results are announced. Appeals shall be adjudicated within sixty days from the date of the receipt thereof.

In the event that a judgment declares a membership invalid, the invalidity of the membership shall be effective as of the date on which the court judgment is notified to the House.

In case a seat of a House of Representatives becomes vacant at least six months prior to the expiry of his tenure, the vacant position must be filled in accordance with Law within sixty days from the date on which the House reports the vacancy.

Throughout its membership tenure, no House of Representatives member may, whether in person or by proxy, buy, rent or lease any asset owned by the State or a public-law legal persons or a public sector company or a public enterprise sector company; sell to or barter with the state any part of its own property or conclude a contract with the State as a vendor, supplier, contractor or otherwise as set out by Law. Any of such acts shall be void.

A member must submit a financial estate disclosure upon taking membership and at the end of membership and at the end of each year of membership.

In case a House of Representatives member receives cash or in-kind gift because of or in connection with his/her membership, title thereto shall devolve to the State public treasury.

All the foregoing shall be as regulated by Law.

Membership in the House of Representatives may only be dropped or cancelled if a member has lost confidence and esteem or ceases to satisfy any membership condition based on which he was elected or if he has violated the duties of membership.

The decision of cancellation must be issued by a majority of twothirds of the members of the House of Representatives.

The House of Representatives shall accept resignation of its members, which must be submitted in writing. To be accepted, a resignation must not be submitted after the House has initiated procedures for cancelling the membership of the resigning member.

A House of Representatives member shall not be held accountable for any opinions expressed concerning the performance of his duty in the House or its committees.

Except in cases of flagrante delicto, it shall be prohibited to take any criminal action, under the Articles of felonies and misdemeanors, against a House of Representatives member without the prior permission from the House. In case the House of Representatives is not in session, a permission must be obtained from the House’s Bureau, and the House must be notified at its first session.

In all cases, a decision should be taken on any motion for permission to take legal action against a House of Representatives member within thirty days; otherwise, the motion shall be deemed accepted.

The seat of the House of Representatives shall be in Cairo.

However, in exceptional circumstances, the House may hold its sessions elsewhere, at the request of the President of the Republic or one-third of the members of the House of Representatives.

Any meetings held otherwise and any resolutions passed thereby shall be void.

The President of the Republic shall invite the House of Representatives for its annual ordinary session before the first Thursday of October; failing such invitation, the House is required by the Constitution to meet on the stated day.

The ordinary session shall continue for at least nine months. The President of the Republic shall bring each session to close with the approval of the House. This shall not be permissible except after State’s General Budget has been approved.

The House of Representatives may hold an extraordinary meeting to consider an urgent issue, at the President of the Republic’s request or upon a motion signed by at least one tenth of the House members.

At the first meeting of its annual regular session, the House of Representatives shall elect, from among its members, a speaker and two deputies for the full legislative term. If the office of any of the aforementioned persons becomes vacant, a substitute shall be elected by the House. The House’s internal regulations shall provide for the rules and procedures of election. If any of the aforementioned persons fails to fulfill the duties of his office, one-third of the House members may request to relieve him of his office. The relevant decision shall be issued by a majority of two-thirds of the members.

In all cases, neither the Speaker nor any of the two deputies may be elected for more than two consecutive legislative terms.

The House of Representatives shall set its own internal regulations of its work and the manner of exercising its authorities and maintaining order therein. Such internal regulations shall be issued by a law.

The House of Representatives shall be competent to maintain order therein and this duty shall be incumbent upon the Speaker of the House.

The sessions of the House of Representatives shall be held in public.

The House may hold a secret session at the request of the President of the Republic, the Prime Minister, the Speaker of the House, or at least twenty of the House members. By the majority of its members, the House shall decide whether the discussion in question is to be conducted in a public or a secret session.

The meetings of the House and resolutions passed thereby shall not be deemed valid unless attended by the majority of its members.

In cases other than those requiring a special majority, resolutions shall be passed by the absolute majority of the members present. In case there is a tie of votes, the subject matter in deliberation shall be deemed rejected.

Laws shall be issued by the absolute majority of the members present, provided that such majority constitutes not less than one third of the House members.

The Laws deemed complementary to the Constitution shall be issued by a majority of of two thirds of the House members. Laws regulating presidential or parliamentary or municipal elections, political parties, the judiciary, related to judicial bodies and judicial organizations, and those regulating the rights and freedoms stipulated in the Constitution shall be deemed complementary to the Constitution.

The President of the Republic, the Cabinet, and every House member shall have the right to propose laws.

Every bill presented by the government or one tenth of the House members shall be referred to the competent specialized committees of the House for review and submission of a report to the House. A committee may seek the opinion of experts on the matter in question.

No bill presented by a member can be referred to the specialized committee unless it has been permitted by the committee responsible for proposals and approved by the House. If the committee responsible for proposals rejects a bill, it must provide a reasoned decision.

Any bill or proposed law rejected by the House may not be represented during the same legislative term.

The President of the Republic has the right to issue laws or reject them.

If the President of the Republic objects to a draft law approved by the House of Representatives, he/she shall refer it back to the House of Representatives within thirty (30) days as of the date when the House of Representatives notified the President of such approval. If the President does not refer the draft law back to the House of Representatives within this period, the draft law shall be deemed a Law and shall be issued.

If the draft law is referred back to the House of Representatives within the aforementioned period and approved again by a majority of twothirds of its members, it shall be deemed a Law and shall be issued.

The State budget shall include all of its revenues and expenditures without exception. The draft budget shall be submitted to the House of Representatives at least ninety (90) days before the beginning of the fiscal year; and shall not be effective unless approved thereby. Voting thereon shall be made on a section-by-section basis.

The House of Representatives may alter the expenditures stated in the draft budget, except for those allocated to honor a specific State liability.

Should such alteration result in an increase in total expenditures, the House of Representatives must reach an agreement with the Government on the means to procure sources of revenue so as to restore a balance between both. The State budget shall be issued by a law which may include an amendment of another existing law to the extent necessary to achieve such balance.

In all cases, the budget law may not include any provision that puts new burdens on citizens.

The Law shall specify the fiscal year, the method of preparing the State budget, and the provisions of the budgets of public bodies and organizations and their accounts.

The House of Representatives must approve the transfer of any funds from one section of the State budget to another, as well as any expenditure not included therein or in excess of its estimate. Such approval shall be issued by a law.

The final accounts of the State budget must be submitted to the House of Representatives within a period not exceeding six months as of the end of the fiscal year. The annual report of the Central Auditing Organization (CAO) and the latter’s notes on the final accounts shall be submitted therewith.

The final accounts shall be put to vote on a section-by-section basis and shall be issued by a law. The House of Representatives has the right to ask CAO for any additional data or reports.

The Law shall regulate the basic rules for the collection of public funds and the procedures for their disbursement.

The executive power may not obtain a loan or funding or engage in a project that is not listed in the approved State budget which entails expenditure from the State treasury within a subsequent period, except with the approval of the House of Representatives.

The Law shall specify the rules for setting salaries, pensions, indemnities, subsidies, and bonuses which are paid from the State treasury; and shall set out the cases in which exception from such rules may be made, as well as, the authorities in charge of their application.

Every member of the House of Representatives may direct any question to the Prime Minister, or one of his/her deputies, or a minister, or one of his/her deputies on any matter that falls within their respective authorities; and the latter must respond to such question during the same annual session.

The member may withdraw the question at any time. A question may not be converted to an interrogation in the same session.

Every member of the House of Representatives may direct an interrogation to the Prime Minister, or one of his/her deputies or a minister or one of his/her deputies in order to hold them accountable for matters that fall within their respective authorities.

The House of Representatives shall discuss the interrogation at least seven days after its submission, within a maximum of sixty days, except in cases of urgency as determined by the House and agreed by the Government.

The House of Representatives may decide to withdraw confidence from the Prime Minister, or one of his/her deputies or a minister or one of his/her deputies.

Filing a motion of no confidence may not be made except after an interrogation and upon a proposal submitted by at least one-tenth of the members of the House of Representatives. The House of Representatives shall issue a decision after considering the interrogation. Withdrawal of confidence requires the affirmative vote of a majority of the House members.

In all cases, a no-confidence motion may not be filed in connection with an issue that has already been decided upon in the same annual session.

If the House of Representatives decides to withdraw confidence from the Prime Minister, or one of his/her deputies, or a minister or one of his/her deputies, with whom the Government has announced its solidarity with before voting, then that Government must resign. If the noconfidence resolution concerns a certain member of the Government, that member must resign.

At least twenty members of the House of Representatives may request the discussion of a public issue for the purpose of seeking a clarification on the Government’s policy relating to such issue.

Any member of the House of Representatives may present a proposed recommendation on a public issue to the Prime Minister or one of his/her deputies, or a minister or one of his/her deputies.

Every member of the House of Representatives may submit an early day motion or urgent statement to the Prime Minister or one of his/her deputies, or a minister or one of his/her deputies in relation to urgent matters of public importance.

The House of Representatives may form a special fact-finding committee or entrust one of its existing committees with finding facts on a public matter or inspect the activities of an administrative body, public agency or public projects, for the purpose of finding facts on a specific issue, and inform the House of Representatives of the true financial, administrative or economic status, or to conduct investigations on a past activity or otherwise. The House of Representatives shall decide what it deems appropriate in this regard.

In order to carry out its mission, such a committee may collect the evidence it deems necessary and may summon individuals to give statements. All bodies shall comply with the committee’s requests and place at its disposal all the documents, evidence, or anything otherwise required.

In all cases, every member of the House of Representatives is entitled to obtain any data or information from the executive power which is related to its performance of his/her duties at the House of Representatives.

The Prime Minister and his deputies, and the ministers and their deputies may attend the sessions of either the House of Representatives or any of its committees. Their attendance shall be obligatory if requested by the House. They may seek assistance from senior officials of their choice.

They must be heard whenever they request to speak. They must answer questions relating to issues under discussion, without having the right to vote.

The President of the Republic may not dissolve the House of Representatives except in cases of necessity, by a reasoned decision and following a public referendum. The House of Representatives may not be dissolved for the same reason which caused the dissolution of the previous House.

The President of the Republic shall issue a decision to suspend the sessions of the House and hold a referendum on the dissolution within no more than twenty days. If the voters agree by majority of valid votes, the President of the Republic shall issue the decision of dissolution, and call for new elections within no more than thirty days from the date of the stated decision. The new House shall convene within the ten days following the announcement of final the results.

Every citizen may submit written proposals to the House of Representatives regarding public issues, and may also submit complaints to the House of Representatives to be referred to the competent ministers. If the House of Representatives so requests, the Minister must provide clarifications, and the concerned person shall be informed of the result.

The Executive Power

The President of the Republic

The President of the Republic is the head of State and the head of executive power. He shall care for the interests of the people, safeguard the independence of the nation and the territorial integrity and safety of its lands, abide by the provisions of the Constitution, and assume his authorities as prescribed therein.

The President of the Republic shall be elected for a term of six Gregorian years, starting as of the next day of the end of the term of the predecessor thereof. It is prohibited that the President is elected for two consecutive terms.

The procedures for electing the President of the Republic shall be initiated at least one hundred twenty days prior to the end of the presidential term. The result must be announced at least thirty days prior to the end of such term.

The President of the Republic may not hold any partisan position throughout his presidential term.

A presidential candidate must be an Egyptian born to Egyptian parents, and neither he or his parents or his spouse may have held any other nationality. He must enjoy civil and political rights, must have performed the military service or have been exempted therefrom by law, and shall not be less than forty calendar years of age on the day of commencing candidacy registration. Other requirements for candidacy shall be set out by Law.

To be accepted as a candidate for the presidency, candidates must receive the recommendation of at least twenty elected members of the House of Representatives, or support from at least twenty five thousand citizens enjoying the right to vote, in at least fifteen governorates, with a minimum of one thousand supporter from each governorate.

In all cases, no one can support more than one candidate as regulated by Law.

The President of the Republic shall be elected by direct secret ballot, with an absolute majority of valid votes.

Procedures for electing the President of the Republic are regulated by Law.

As a condition for assuming his duties, the President of the Republic shall take the following oath before the House of Representatives: “I swear by The Almighty God to loyally uphold the republican system, respect the Constitution and the Law, fully uphold the interests of the People and to safeguard the independence of the nation and the integrity and safety of its territories.”

In case of the absence of the House of Representatives, the oath shall be taken before the General Assembly of the Supreme Constitutional Court.

The salary of the President of the Republic shall be determined by Law. The President may not receive any other salary or remuneration. No modification to the salary may come into effect during the presidential term during which it is approved. Throughout his presidential term, the President may not, whether in person or by proxy, be self-employed, engage in commercial, financial or industrial activity, buy, rent or lease any property owned by the state or by a public-law legal person, or a public enterprise sector company, sell or barter any part of his own property with the State, or conclude a contract with the State as a vendor, supplier, contractor or otherwise as set out by Law. Any of such acts shall be void.

The President must submit a financial estate disclosure upon taking office, upon leaving it, and at the end of each year of service. Such financial estate disclosure is to be published in the Official Gazette.

Throughout the presidential term, the President of the Republic may not award himself any orders, decorations or medals.

In case the President of the Republic receives, in person or by proxy a cash or in-kind gift because of or in connection with the presidential office, title thereto shall devolve to the State public treasury.

The President of the Republic shall assign a Prime Minister to form the government and introduce his/her program to the House of Representatives. If his government does not win the confidence of the majority of the members of the House of Representatives within thirty days at the most, the President shall appoint a Prime Minister who is nominated by the party or the coalition that holds the majority or the highest number of seats in the House of Representatives. If the government of such prime minister fails to win the confidence of the majority of the members of the House of Representatives within thirty days, the House shall be deemed dissolved, and the President of the Republic shall call for the election of a new House of Representatives within sixty days from the date on which the dissolution is announced.

In all cases, the total periods for choice of government set forth in this Article shall not exceed sixty days.

In case the House of Representatives is dissolved, the Prime Minister shall present to the new House of Representatives the formation of his government and its program, at its first session.

In the event the government is chosen from the party or the coalition that holds the majority or the highest number of seats in the House of Representatives, the President of the Republic shall, in consultation with the Prime Minister, choose the Ministers of Defense, Interior, Foreign Affairs and Justice.

The President of the Republic may relieve the government from carrying out its duties, subject to the approval of the majority of the members of the House of Representatives.

The President of the Republic may conduct a cabinet reshuffle after consultation with the Prime Minister and approval of the House of Representatives by an absolute majority of the members present , which must not be less than one third of its members.

The President of the Republic may delegate some of his powers to the Prime Minister, his deputies, ministers, or governors. None of them may delegate such authorities to others. All of the foregoing shall be regulated by Law.

The President of the Republic may call the government to convene a meeting to consult on important issues, and the President shall preside over the meetings that he attends.

Jointly with the Cabinet, the President of the Republic shall set the State’s General Policy and oversee its implementation as stated in the Constitution.

The President of the Republic may deliver a statement on the State’s General Policy before the House of Representatives at the opening of its annual regular session.

The President may deliver other statements or address other messages to the House.

Article 150 (bis)

The President of the Republic may appoint one or more vice presidents and establish the mandates thereof. The President may also delegate said vice-presidents with regards to some of the mandates thereof and may dismiss or accept the resignation thereof.

The vice-presidents shall, before acceding their posts, take the Oath before the President as provided for in Article 144 of the Constitution.

The provisions of Articles 141, 145, and 173 of the Constitution shall apply to the vice-presidents.

The President of the Republic shall represent the State in its foreign relations and conclude treaties and ratify them after the approval of the House of Representatives. Such treaties shall acquire the force of law following their publication in accordance with the provisions of the Constitution.

Voters must be called for referendum on the treaties related to making peace and alliance, and those related to the rights of sovereignty. Such treaties shall only be ratified after the announcement of their approval in the referendum.

In all cases, no treaty may be concluded which is contrary to the provisions of the Constitution or which results in ceding any part of state territories.

The President of the Republic is the Supreme Commander of the Armed Forces. The President shall not declare war, or send the armed forces to a combat mission outside the State borders, except after consultation with the National Defense Council and obtaining the approval of the House of Representatives by a majority of two-thirds of the members.

In case the House of Representatives has not been elected, the Supreme Council of the Armed Forces (SCAF) must be consulted and the approval of both the Cabinet and National Defense Council must be obtained.

The President of the Republic shall appoint and dismiss civil and military employees and political representatives and accredit political representatives of foreign States and bodies in accordance with the Law.

After consultation with the Cabinet, the President of the Republic may declare the state of emergency as regulated by Law. Such declaration must be presented to the House of Representatives within the following seven days to decide thereon as it deems fit.

If the declaration takes place while the House of Representatives is not in regular session, the House must be invited to convene immediately in order to consider such declaration.

In all cases, the declaration of the state of emergency must be approved by a majority of the members of the House of Representatives. The state of emergency shall be declared for a specified period not exceeding three months, which may only be extended for another similar period after obtaining the approval of two-thirds of the House members. In case the House of Representatives has not been elected, the matter shall be referred to the Cabinet for approval provided, however, that it is presented to the new House of Representatives at its first session.

The House of Representatives may not be dissolved while the state of emergency is in force.

After consultation with the Cabinet, the President of the Republic may issue a pardon or reduce a sentence.

General amnesty may only be granted by virtue of a law, ratified by the majority of the members of the House of Representatives.

In case an event which requires taking urgent measures, which cannot be delayed, occurs while the House of Representatives is not in session, the President of the Republic shall call the House for an urgent meeting to present the matter thereto. If the House of Representatives has not been elected, the President of the Republic may issue decrees having the force of law, provided that they are then presented to, discussed and approved by the new House of Representatives within fifteen days from the commencement of its session. If such decrees are neither presented nor discussed by the House, or if they are presented but not ratified thereby, their force of law shall retroactively be revoked without need for issuing a decision to that effect, unless the House confirms its effectiveness during the previous period or decides to settle the consequences thereof.

Without prejudice to the provisions of the Constitution, the President of the Republic may call for a referendum on issues relating to the supreme interests of the State.

In case a call for referendum involves more than one issue, voting must be made separately on each issue.

The President of the Republic may submit his resignation to the House of Representatives. If the House has not been elected, he shall submit the same to the General Assembly of the Supreme Constitutional Court.

Accusing the President of the Republic of violating the provisions of the Constitution, treason or any other felony must be based on a motion signed by at least the majority of the members of the House of Representatives. The indictment shall only be issued by the majority of two-thirds of the members of the House of Representatives and after carrying an investigation by the Prosecutor General. In case the Prosecutor General is prevented from same, he shall be replaced by one of his assistants.

As soon as this indictment is issued, the President of the Republic shall be stopped from carrying out his duties; this is considered as a temporary impediment precluding the President from performing his competencies until a verdict is issued in the case.

The President of the Republic shall be tried before a special court headed by the President of the Supreme Judicial Council with the membership of the most senior deputy of the President of the Supreme Constitutional Court, the most senior deputy of the President of the State Council, and the two most senior Presidents of the Courts of Appeal; prosecution is to be carried out before such court by the Prosecutor General. In case one of the aforementioned persons is prevented from serving, he shall be replaced by the person following him in seniority. The court verdicts shall be final and not subject to appeal.

The Law shall regulate the investigation and trial procedures. In case of conviction, the President of the Republic shall be relieved of his post without prejudice to any other penalties.

Should a temporary obstacle preclude the undertaking by the President of the powers thereof, the vice-president shall be the substitute thereof. The Prime Minister may be the substitute should there be no vice-president or should substitution by the vice-president prove difficult.

If the President of the Republic’s office becomes vacant due to his resignation, death, or permanent inability to work, the House of Representatives shall announce the vacancy. If such vacancy is attributable to any other reason, such announcement shall be made by a majority of at least two thirds of the members of House of Representatives. The House of Representatives shall then notify the National Electoral Commission, and the Speaker of the House of Representatives shall temporarily assume the powers of the President of Republic.

In case the House of Representatives has not been elected, the General Assembly of the Supreme Constitutional Court and its Chairman shall replace the House of Representatives and its Speaker with respect to the above.

In all events, a new President must be elected within a period not exceeding ninety days as of the date of vacancy. In such a case, the presidential term shall start as of the date of announcement of the election results.

It is impermissible for any substitute of the President or for the interim president to request the amendment of the Constitution, dissolve the House of Representatives or the House of Senates, or dismiss the Government.

Moreover, it is impermissible for the interim President to run for the post of president.

The House of Representatives may propose to withdraw confidence from the President of the Republic and hold early presidential elections upon filing a reasoned motion to be signed by at least the majority of the members of the House of Representatives and upon approval of twothirds of its members. The motion may only be filed once for the same reason within the presidential term.

Upon approval of the proposal to withdraw confidence, the matter of withdrawing confidence from the President of the Republic and holding early presidential elections shall be put to public referendum to be called by the Prime Minister. If the majority approves the decision to withdraw confidence, the President of the Republic shall be relieved from his office, the office of the President of the Republic shall be deemed vacant, and early presidential elections shall be held within sixty days as of the date of announcing the results of referendum. If the result of the referendum is in the negative, the House of Representatives shall be deemed dissolved, and the President of the Republic shall call for election of a new House of Representatives within thirty days as of the date of dissolution.

If the vacancy of the presidential office coincides with the holding of a referendum or the election of the House of Representatives, the presidential elections shall be given priority. The then existing House of Representatives shall remain in place until the completion of the presidential elections.

The Government

The government is the supreme executive and administrative body of the State, and consists of the Prime Minister, his/her deputies , the Ministers, and their deputies.

The Prime Minister shall head the government, oversee its work, and direct the performance of its functions.

The Prime Minister shall be an Egyptian citizen born to Egyptian parents and neither he/she nor his/her spouse may hold the nationality of any other country, shall enjoy civil and political rights, shall have been drafted into or legally exempted from the military service, and shall be at least thirty five Gregorian years of age at the time of appointment.

Anyone appointed as a member of the government shall be an Egyptian citizen, shall enjoy all civil and political rights, shall have been drafted into or legally exempted from the military service, and shall be at least thirty Gregorian years of age at the time of appointment.

It is prohibited to combine between the membership of the government and the membership of the House of Representatives. . If a member of the House of Representatives is appointed to the government, the seat thereof in the House shall become vacant as at the date of this appointment.

As a condition for assuming their duties, the Prime Minister and members of government shall take the following oath before the President of the Republic: “I swear by Allah, the Almighty, to loyally uphold the republican system, to respect the Constitution and the law, to fully uphold the interest of the People, and to safeguard the independence of the nation and the integrity and safety of its territories.”

The salary of the Prime Minister and the members of government shall be defined by Law, and they may not receive any other salary or remuneration, nor engage, throughout the term of their respective offices, whether in person or through an intermediary, in self-professions, or commercial, financial or industrial business activities. Further, they shall not buy or rent any property owned by the state or a public legal person or a public sector company, or a public enterprise sector company, nor lease or sell any of their property to, or barter the same with the State, nor conclude a contract with the State as vendors, suppliers, contractors or otherwise. Any such actions shall be deemed null and void.

The Prime Minister and the members of government shall submit a financial estate disclosure upon taking office, upon leaving the same, and at the end of each year of service. The financial estate disclosure shall be published in the Official Gazette.

If the Prime Minister or any of the members of government receive cash or in-kind gifts, because of or in relation to their posts, the ownership thereof shall transfer to the State’s treasury. The foregoing shall be regulated by Law.

The government shall particularly exercise the following functions:

1. To collaborate with the President of the Republic in developing the general policy of the State, and to supervise its implementation; 2. To maintain the security of the nation, and to protect the rights of citizens and the interest of the State; 3. To direct, coordinate and follow up on the work of the ministries and their affiliated public bodies and organizations; 4. To prepare draft bills and decrees; 5. To issue administrative decrees in accordance with the law, and to follow up on their implementation; 6. To develop the draft for the general plan of the State; 7. To prepare the draft annual budget of the State; 8. To conclude loan contracts and to grant the same in accordance with the provisions of the Constitution; 9. To implement the laws.

Within the framework of the State’s general policy, the minister shall develop the Ministry’s general policy in collaboration with the competent authorities, supervise the implementation thereof and provide guidance and oversight.

Top management posts in all ministries shall include a permanent undersecretary to ensure institutional stability and raising the level of efficient implementation of its policy.

Any member of the government may make a statement before the House of Representatives, or one of its committees, concerning any matters falling within his/her mandate.

The House or the committee shall discuss such statement and convey its opinion regarding it.

The Prime Minister shall issue the necessary regulations for the execution of laws, in a manner that shall not involve any disruption of, amendment to, or exemption from their execution, and shall have the right to delegate others in issuing them, unless the law designates who shall issue the required executive regulations.

Upon the approval of the Council of Ministries, the Prime Minister shall issue the decrees necessary for the creation and organization of public utilities and services.

Upon the approval of the Council of Ministries, the Prime Minister shall issue the disciplinary regulations.

The Prime Minister and the members of the government shall be subject to the general rules governing investigation and trial procedures, in case that they commit crimes while or by reason of exercising the functions of their posts. The end of their term of service shall not preclude the institution or resumption of prosecution against them.

In case that the Prime Minister or any of the members of the government is accused of treason, the provisions stipulated in Article 159 herein shall apply.

In case of resignation of the Prime Minister, the letter of resignation shall be submitted to the President of the Republic. If a minister offers resignation, it shall be submitted to the Prime Minister.

The Local Administration

The State shall be divided into administrative units that enjoy legal personality. Such units shall include governorates, cities and villages. Other administrative units that have the legal personality may be established, if public interest so requires.

When establishing or abolishing local units or amending their boundaries, the economic and social conditions shall be taken into account. All the foregoing shall be regulated by Law.

The State shall ensure administrative, financial, and economic decentralization. The law shall regulate the methods of empowering administrative units to provide, improve, and well manage public facilities, and shall define the timeline for transferring powers and budgets to the local administration units.

The State shall ensure the fulfillment of the needs of local units in terms of scientific, technical, administrative and financial assistance, and the equitable distribution of facilities, services and resources, and shall bring development levels in these units to a common standard and achieve social justice between these units, as regulated by Law.

Local units shall have independent financial budgets.

The resources of local units shall include, in addition to the resources allocated to them by the State, taxes and duties of a local nature, whether primary or auxiliary. The same rules and procedures for the collection of public funds by the State shall apply to collection of such taxes and duties.

The foregoing shall be regulated by law.

The law shall regulate the manner in which governors and heads of other local administrative units are appointed or elected, and shall determine their competencies.

Every local unit shall elect a local council by direct and secret ballot for a term of four years. A candidate shall be at lease twenty one Gregorian years of age. The law shall regulate the other conditions for candidacy and procedures of election, provided that one quarter of the seats shall be allocated to youth under thirty five years of age and one quarter shall be allocated for women, and that workers and farmers shall be represented by no less than 50 percent of the total number of seats, and these percentages shall include an appropriate representation of Christians and people with disability.

Local councils shall be competent to follow up the implementation of the development plan, monitor of the different activities, exercise of oversight over the executive authorities using tools such as providing proposals, and submitting questions, briefing motions, interrogations and others, and to withdraw confidence from the heads of local units, as regulated by Law.

The law shall define the competencies of other local councils, their financial sources, guarantees of their members, and the independence of such councils.

Local councils’ resolutions that are issued within their respective mandates shall be final. They shall not be subject to the interference by the executive authority, except to prevent the council from overstepping its jurisdiction, or causing damage to the public interest or the interest of other local councils.

Any dispute pertaining to the jurisdiction of these local councils in villages, centers or towns shall be settled by the governorate-level local council. Disputes regarding the jurisdiction of governorate-level local councils shall be resolved, as a matter of urgency, by the General Assembly of the Legal Opinion and Legislation Departments of the State Council. The foregoing shall be regulated by Law.

Every local council shall develop its own budget and final accounts, as regulated by Law.

Local councils shall not be dissolved by virtue of a general administrative action. The Law shall regulate the manner of dissolving and re-electing local councils.

The Judiciary

The Judiciary is an autonomous authority that carries out its tasks through courts of all types and degrees. Courts shall issue their rulings in accordance with the law, and the law shall define the jurisdiction of the courts. Interference in the affairs of the courts or in the lawsuits under their consideration shall constitute a crime that does not lapse by prescription.

All judicial agencies or authorities shall be in charge of the affairs thereof and shall be consulted regarding all draft laws regulating the affairs thereof. Each such agency/ authority shall have an independent budget.

The President of the Republic shall appoint the heads of judicial agencies and authorities from among the most senior seven representatives thereof. The term of appointment shall be four years, or for the period remaining until the candidate reaches the age of retirement, whichever is earlier. The candidate shall be appointed for only one term throughout the entire period of service, in the manner regulated by the law.

Any joint issues shall be managed by a supreme council for judicial agencies/ authorities, chaired by the President of the Republic. The members of this Council will be the President of the Supreme Constitutional Court, heads of judicial agencies/ authorities, President of the Cairo Court of Appeals, and the Prosecutor General. The Council shall have a secretary general appointed as per a presidential decree for the term determined by the law; and this position shall be held by rotation among other Council members.

When absent, the President shall be substituted by any of the heads of the judicial agencies/ authorities delegated by the President.

The Council shall examine the prerequisites for the appointment, promotion, and subjection to disciplinary measures of the members of judicial agencies/ authorities. The Council shall be consulted regarding the laws regulating the affairs of such judicial agencies/ authorities. Decisions shall be taken by a majority vote provided that this vote includes the vote of the Council Chair.

Judges are independent and immune to dismissal, are subject to no other authority but the law, and are equal in rights and duties. The conditions and procedures for their appointment, secondment and retirement shall be regulated by the law. The law shall further regulate their disciplinary accountability. They may not be fully or partly seconded except to the agencies determined by the law and to perform the tasks set forth therein. All the foregoing shall be in the manner that maintains the independence and impartiality of the judiciary and judges, and shall prevent conflicts of interest. The rights, duties and guarantees granted to them shall be specified by Law.

Court sessions shall be public, unless the court decides on its secrecy to safeguard public order or public morals. In all cases, court judgments shall be pronounced in publicly held sessions.

The Judiciary & The Prosecution

The judiciary shall decide on all disputes and crimes, except those falling within the jurisdiction of other judicial bodies. It shall solely have the jurisdiction to settle disputes relating to its own members. The affairs of the judiciary shall be managed by a Supreme Council, the structure and jurisdiction of which shall be regulated by Law.

The Public Prosecution is an integral part of the judiciary. It shall carry out the investigation and prosecution of criminal cases, except those excepted by the law. The law shall determine its other jurisdictions.

The Prosecutor General shall be appointed to run the Public Prosecution as per a decree issued by the President of the Republic; and shall be selected from three candidates nominated by the Supreme Council of the Judiciary from among deputies of the Court of Cassation, Presidents of Courts of Appeal, and Assistant Pubic Prosecutors. The term of office shall be four years, or the remaining time in active service until the age of retirement is reached, whichever is closer. The position shall be held only once throughout the entire term of service.

The State Council

The State Council is an independent judicial agency. It shall be solely mandated to settle administrative disputes, disputes related to execution of all judgements issued thereby, and disciplinary claims and appeals; give opinion on legal issues to the agencies identified by the Law; review draft laws and decisions of legislative nature referred thereto; review draft contracts and the values of such contracts to which the State or any of the public agencies is party as identified by the law. The Law shall determine the other mandates of the State Council.

The Supreme Constitutional Court

The Supreme Constitutional Court is an autonomous and independent judicial body having its headquarters in Cairo. However, in cases of emergency it may, upon the approval of its General Assembly, hold its sessions elsewhere in Egypt. It shall have an independent budget, which shall be fully examined by the House of Representatives. Upon its approval, this budget shall be included in the State budget under one budget line. The General Assembly of the court shall manage its affairs and it shall be consulted regarding bills relevant to its affairs.

The Supreme Constitutional Court shall have sole jurisdiction in the matter of the constitutionality of laws and regulations, to interpret legislative provisions, and to adjudicate on disputes pertaining to the affairs of its members, on jurisdictional disputes between judicial bodies and entities that have judicial jurisdiction, on disputes pertaining to the implementation of two final contradictory judgments, one of which is rendered by a judicial body or an authority with judicial jurisdiction and the other is rendered by another, and on disputes pertaining to the execution of its judgments and decisions.

The law shall determine the Court’s other competences and regulate the procedures that are to be followed before the Court.

The Court shall be composed of a President and a sufficient number of deputies to the President.

The Commissioners of the Supreme Constitutional Court shall have a President and a sufficient number of Commission presidents, advisors and assistant advisors.

The President of the Republic shall select the President of the Supreme Constitutional Court from among the most senior five deputies. The President of the Republic shall appoint the deputies of the Supreme Court from among two candidates: one nominated by the Court General Assembly and the other nominated by the President of the Court. The head of the College of Commissioners and the members thereof shall be appointed by a Presidential decree based on the nomination of the President of the Court and upon consultation with the Court General Assembly. This shall be done in the manner established in the Law.

The President and the vice-presidents of the Supreme Constitutional Court, and the President and members of its Commissioners are independent and immune to dismissal, and are subject to no other authority but the law. The law shall set out the conditions they must meet. The Court shall be responsible for their disciplinary accountability, as stated by the law. All rights, duties and guarantees granted to other members of the judiciary shall apply to them.

The judgments and decisions issued by the Supreme Constitutional Court shall be published in the Official Gazette, and they shall be binding upon everyone and all of the State authorities. They shall have Res judicata vis-à-vis all of them.

The law shall regulate the consequences of a judgment rendering a text of law unconstitutional.

Judicial Organizations

The State Lawsuits Authority is an independent judicial organization. It undertakes the legal representation of the State in lawsuits filed by or against the State, and of proposing amicable settlement of disputes at any stage of litigation. It shall further have technical oversight on the departments of legal affairs of the State administrative bodies with regard to cases handled thereby. It shall draft contracts referred thereto by administrative bodies and to which the State is party. The foregoing shall be regulated by Law.

Other competencies of the Organization shall be defined by the law. Its members shall have all of the guarantees, rights and duties assigned to other members of the Judiciary. Their disciplinary accountability shall be regulated by the law.

The Administrative Prosecution is an independent judicial organization. It undertakes investigations into financial and administrative violations, and also those referred to it. Regarding these violations, the Administrative Prosecution shall have the authorities of the administrative body to impose disciplinary penalties. Challenges against the decision of the Prosecution shall be filed before the competent disciplinary court at the State Council. It shall further initiate actions, appeals, and disciplinary proceedings before the State Council courts. All the foregoing shall be regulated by Law.

Other competences of the Administrative Prosecution shall be defined by law. All guarantees, rights and duties assigned to other members of the Judiciary shall apply to its members. Their disciplinary accountability shall be regulated by the law.

The Legal Profession

The legal profession is a free profession which participates with the Judicial Authority in the establishment of justice and the rule of law, and ensures the right to defense. It shall be practiced by independent attorneys, and attorneys of public authorities, public sector companies and public enterprise sector companies. All attorneys shall have, while performing their duties to uphold the right to defense before the courts, the guarantees and protection granted to them by the law. Such rights shall also be granted to them before investigation and inquiry authorities. Except in cases of flagrante delicto, the arrest or detention of attorneys while exercising their right to defense shall be prohibited. The foregoing shall be determined by the law.

Experts

Judicial experts, forensic medicine experts, and notary public’s technical staff undertake their duties independently, and shall have the guarantees and protection required for them to perform their tasks, as regulated by the Law.

The Armed Forces & The Police

The Armed Forces

The Armed Forces is owned by the People. The mission thereof is to protect the Country; preserve its safety and the integrity of its territories; uphold the Constitution and democracy; preserve the key tenets and the civilian nature of the State; preserve the achievements of the People; and uphold the rights and freedoms of individuals. The State shall be solely responsible for the establishment of such forces; it is prohibited that any individual, agency, entity, or group establishes military or quasimilitary formations, contingents, or organizations.

The Armed Forces shall have a supreme council, as regulated by Law.

The Minister of Defense is the Commander in Chief of the Armed Forces, and shall be appointed from among its officers.

The Law regulates the military mass mobilization, and determines the conditions of the military service, promotion and retirement in the Armed Forces.

The judicial committees for officers and personnel of the Armed Forces shall be solely competent to adjudicate on all administrative disputes pertaining to decisions affecting them. The Law regulates the rules and procedures for challenging the decisions made by these committees.

National Defense Council

National Defense Council shall be chaired by the President of the Republic and comprise the membership of the Prime Minister, the Speaker of the House of Representatives, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Finance and the Minister of Interior, the Chief of the General Intelligence Service, the Chief of Staff of the Armed Forces as well as the Commanders of the Navy, the Air Forces and Air Defense, the Chief of Operations of the Armed Forces, and the Head of Military Intelligence.

The Council shall be competent to examine the matters pertaining to preserving the security and integrity of the country, and to discuss the budget of the Armed Forces, which shall be included in the State budget under one budget line. The opinion of the Council shall be obtained on the bills concerning the Armed Forces.

Other competences of the Council shall be specified by Law.

Upon discussing the budget, the Head of the Financial Affairs Department of the Armed Forces and the heads of the Planning and Budgeting Committee and the National Security Committee at the House of Representatives shall join the Council.

The President of the Republic may invite any person having relevant expertise to attend the Council’s meetings without having the right to vote.

Military Courts

The Military Court is an independent judicial body exclusively competent to adjudicate on all crimes pertaining to the Armed Forces, the officers and personnel thereof, and their equivalents, and on the crimes committed by the personnel of the General Intelligence while and by reason of performing their duties.

It is prohibited to prosecute any civilian before military courts except in offenses representing aggression against military constructions/ buildings, camps of the military forces or similar buildings/ constructions under the protection thereof; identified military or border zones; and the equipment, vehicles, weapons, ammunition, documents, military secrets, military public funds, or military factories. This is in addition to the crimes pertaining to military service; or crimes that constitute a direct assault against the officers or personnel of the Armed Forces by reason of performing their duties.

The law shall define such crimes, and specify the other competencies of the Military Court.

Members of the Military Court shall be independent and shall be immune to dismissal. They shall have all the guarantees, rights and duties stipulated for the members of other judicial bodies.

National Security Council

The National Security Council shall be chaired by the President of the Republic, and comprise the membership of the Prime Minister, the Speaker of the House of Representatives, the Minister of Defense, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice, the Minister of Health, the Minister of Communication and the Minister of Education, the Chief of the General Intelligence Service, and the Head of the Committee of Defense and National Security at the House of Representatives.

The Council shall be responsible for adopting strategies for establishing the security of the country and facing disasters and crises of all kinds, shall take the necessary measures to contain them, to identify sources of threat to the Egyptian national security, inside the country or abroad, and to undertake the necessary actions to address them at both official and popular levels.

The Council may invite any person having relevant expertise to attend its meetings without having the right to vote.

The law shall determine the other competencies of the Council and its regulations.

The Police

The police force is a statutory civil body that is dedicated to the service of the People and its loyalty shall be to the People. It shall ensure safety and security of the citizens, preserve public order and morality. It shall comply with the duties set out in the Constitution and the law, and shall respect human rights and fundamental freedoms. The State shall guarantee that the staff of the Police force perform their duties, and the relevant guarantees shall be regulated by Law.

A supreme police council shall be formed from among the most senior officers of the police force and the Head of the Legal Opinion Department at the State Council. The Council shall be competent to assist the Minister of Interior in the organization of the Police force and management of the affairs of its staff members. The other competencies of the Council shall be determined by Law. The Council shall be consulted in connection with any laws pertaining to the police force.

National Elections Commission

The National Elections Commission is an independent authority and shall be solely competent to administer referenda and elections of the president, the parliament and the local councils. Such administration shall include the development and updating of a database for voters, proposing the division of constituencies, determination of controls for promotion and funding of electoral campaigns, as well as electoral expenditure, the disclosure of such expenditure, the supervision of such controls, the facilitation of the procedures for out-of-country voting by expatriate Egyptians, and other procedures till the announcements of the results.

The foregoing shall be regulated by law.

The National Elections Commission shall be administered by a board composed of 10 members to be equally assigned on full time basis from among those ranked as Vice-presidents of the Court of Cassation, those ranked as Presidents of the Courts of Appeal, Vice-presidents of the State Council, the State Lawsuits Organization and the Administrative Prosecution. They shall be selected by the Supreme Judicial Council and special councils of the aforementioned judicial bodies and organizations, as the case may be, provided that they are not members thereof. They shall be appointed by virtue of a decree by the President of the Republic. They shall be assigned to work on a full time basis at the Commission for one term of six years. The Commission shall be chaired by the most senior judge at the Court of Cassation.

Half of the members of the Council shall be replaced every three years.

The Commission may seek the assistance of independent public figures, specialists, and those deemed to have relevant expertise in the field of elections. They shall not have the right to vote.

The Commission shall have a permanent executive body. The law shall determine the composition and constitution of such executive body, and the rights, duties and guarantees of its members in a way that achieves their neutrality, independence and integrity.

Voting and counting of votes in referenda and elections shall be administered by members of the Commission under the overall supervision of its Board. It may seek the help of members of judicial organizations.

The voting and counting of votes in elections and referenda which take place during the 10 years following the effective date of this Constitution shall be totally overseen by members of judicial bodies and organizations according to the Law.

The High Administrative Court shall be competent to adjudicate on challenges filed against the Commission’s decisions pertaining to referenda, presidential and parliamentary elections, and the results thereof. Challenges against elections of local councils shall be filed before the Administrative Courts. Dates to file challenges against these decisions shall be specified by law, provided that challenges shall be finally decided within ten days from the date of recording the challenge.

Supreme Council for the Regulation of Media

The Supreme Council for the Regulation of Media is an independent entity that has a legal personality, and enjoys technical, financial and administrative independence, and has an independent budget.

The Council shall be competent to regulate the affairs of audio and visual media and regulate the printed and digital press, and other media means.

The Council shall bear the responsibility for guaranteeing and protecting the freedom of press and media as stipulated in the Constitution, safeguarding its independence, neutrality, plurality and diversity, preventing monopolistic practices, monitoring the legality of the sources of funding of press and media institutions and developing the controls and criteria necessary to ensure compliance by the press and media outlets with the professional and ethical standards, and national security needs as stated in the Law.

The law shall determine the composition and regulations of the Council, and the employment conditions for its staff.

The Council shall be consulted with respect to the bills and regulations related to its scope of competence.

The National Press Organization is an independent organization that shall manage and develop state-owned press institutions and their assets, as well as ensure their modernization, independence, neutrality and their adherence to good professional, administrative and economic standards.

The law shall determine the composition and regulations of the Organization, and the employment conditions for its staff.

It shall be consulted with respect to the bills and regulations pertaining to its scope of work. .

The National Media Organization is an independent organization that shall manage and develop state-owned visual, audio and digital media outlets and their assets, as well as ensure their development, independence, neutrality and their adherence to good professional, administrative and economic standards.

The law shall determine the composition and regulations of the Organization and the employment conditions for its staff.

It shall be consulted with respect to the bills and regulations pertaining to its scope of work. .

National Councils, Autonomous Organizations

& Control Agencies

National Councils

The law shall specify the independent national councils, including the National Council for Human Rights, the National Council for Women, the National Council for Childhood and Motherhood, and the National Council for Disabled Persons. The law shall state the composition, mandates, and guarantees for the independence and neutrality of their respective members. Each council shall have the right to report to the competent authorities any violations pertaining to their fields of work.

These councils shall have legal personalities and shall be technically, financially, and administratively independent. They shall be consulted with respect to the bills and regulations pertaining to their affairs and fields of work.

Autonomous Organizations and Control Agencies

Autonomous Organizations and control agencies shall be specified by Law. These organizations and agencies shall have legal personality, and shall be technically, financially and administratively independent.

They shall be consulted with respect to the bills and regulations that relate to their fields of work. These bodies and agencies shall include the Central Bank, the Egyptian Financial Supervisory Authority (EFSA), the Central Auditing Organization (CAO), and the Administrative Control Authority.

The formation of each individual autonomous organization or regulatory agency shall be enacted by a law defining its competencies and regulations, and stipulating guarantees for its independence, the necessary protection for its members, and their employment conditions in a way that ensures their neutrality and independence.

The President of the Republic shall appoint the heads of such organizations and regulatory agencies, upon the approval of the House of Representatives by a majority of its members, for a one-time renewable term of four years. They shall not be dismissed, except in the cases stated in the law. The same prohibitions applicable to the Ministers shall apply to these heads.

Autonomous organizations and control agencies shall submit annual reports to the President of the Republic, the House of Representatives and the Prime Minister, immediately after their issuance.

The House of Representatives shall examine such reports and take the appropriate action within a period not exceeding four months from the date of receipt. The reports shall be made available to the public.

Autonomous organizations and control agencies shall notify the competent investigation authorities of any evidence discovered in relation to violations or crimes. They shall take the necessary measures with regards to these reports within a specified period of time. The foregoing shall be regulated by Law.

The State shall fight corruption, and the competent control agencies and organizations shall be identified by Law.

Competent control agencies and organizations shall coordinate their activities in combating corruption, enhancing the values of integrity and transparency in order to ensure the sound performance of public functions and preserve public funds, and shall develop and follow up execution of a national strategy to combat corruption in collaboration with other competent agencies and organizations, as regulated by Law.

The Central Auditing Organization shall be responsible for monitoring the funds of the State, the funds of the State public and independent legal persons and other authorities as specified by Law; s well as being responsible for monitoring the implementation of the State budget and independent budgets and for auditing its final accounts.

The Central Bank shall be responsible for developing and overseeing the implementation of monetary, credit, and banking polices, and for monitoring the performance of banks. It is solely entitled to issue bank notes. It shall maintain the integrity of the monetary and banking system, and the stability of prices within the framework of the State general economic policy, as regulated by Law.

The Egyptian Financial Supervisory Authority (EFSA) shall be responsible for monitoring and supervising financial non-banking markets and instruments including capital markets, futures exchanges, insurance activities, mortgage finance, financial leasing, and factoring and securitization, as regulated by Law.

General & Transitional Provisions